Others

SpicyIP Weekly Review (24th-31st August, 2014)


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The SpicyIP Story of the Week is Swaraj’s post titled Stalling Scientific Progress with Chilly Copyright Censure which discusses the disturbing incident of Diego Gomez, a Columbian student who is facing criminal charges for making available in public an academic paper that helps conservationists in their field of study. Last week, we had written about Thomson Reuters’ puzzling copyright policy that purports to allow your content (that you created), become an unrelated party’s property unless you sent them an email…


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Patent

IPO issues revised draft guidelines for examination of pharmaceutical patents: A perspective


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After finalizing guidelines for examining computer related, biotechnological and traditional knowledge patent applications, the Indian patent office released guidelines for examination of pharmaceutical patent applications. The pharmaceutical sector has always enjoyed an unusual prominence in debates about IP policy, and has always been the subject of national and international controversies. The original pharma patent examination guidelines (which can be accessed here) was open for public comments. Stakeholders met and discussed the guidelines extensively. Here stakeholders refer to a person interested…


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Others Uncategorized

Loss of an IP Luminary: Chris Ohly


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Some of you may have heard that Chris Ohly, one of the finest lawyers in the IP firmament, passed away. Those that knew him will lament the huge void that he leaves behind. For Chris was an exceptional IP attorney and an even more exceptional human being. I met him during my teaching stint at the George Washington Law School in Washington DC in early 2007 and we bonded almost immediately, chatting about our love for IP and life in general….


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Trademark

Delhi HC: Collector’s Choice deceptively similar to Officer’s Choice


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The plaintiff is the registered proprietor of the trademark ‘Officer’s Choice’. The mark has been used by the plaintiff since 1988 and the plaintiff obtained registration in 2007. In 2013, the plaintiff found out that the defendant had started selling whisky under the trademark ‘Collector’s Choice’. In order to restrain the defendant from infringing its mark, the plaintiff filed a suit for permanent injunction. (see order here). The court upheld the plaintiff’s arguments and extended the ex parte interim injunction till…


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Others

Domain Name News: Indian Government Launches ‘Desi’ Domain Names; Reliance Withdraws Bid for ‘.indians’


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A 2014 study found that India has one of the lowest levels of Internet penetration in the Asia Pacific region, at just 17.4%. Apart from poor internet infrastructure, one of the factors contributing to this is the lack of efforts made in adapting the Internet to the vast non-English speaking population of India. The Internet Corporation for Assigned Names and Numbers (ICANN) had recognized the need to make the internet accessible in more languages and had made Internationalised Domain Names…


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Copyright

Guest Post: Karnataka Goondas Act – A note on Legislative Competence


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A couple of weeks ago, we had an insightful guest post by Nehaa Chaudhari on amendments to Karnataka’s Goondas Act, a draconian legislation which seeks to allow preventive detention for some types of copyright violations. Today, we have a follow up post on that, that argues that the recent amendments are unconstitutional. This post is authored by Nehaa Chaudhari and Amulya Purushothama. Nehaa works on intellectual property/openness law and policy and the Centre for Internet and Society, while Amulya is…


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Copyright

Guest Post: More on the legitimacy of assumed consent


Readers may recall the strange email that the news website Medianama received from Thomson Reuters recently. (We wrote about it here). In short, Thomson Reuters had sent Medianama an email stating that unless they explicitly denied them permission, they would assume permission to use and reproduce Medianama’s content. While Thomson Reuters has since sent in an apology to Medianama, the question of the validity of such an email prompted many of our readers to send in some very pertinent comments….


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Others

Call for Papers: The Indian Journal of Law and Technology 2014-15.


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The  readers may be interested in knowing that the Indian Journal of Law and Technology is inviting submissions for its eleventh volume. The details are provided below. The Indian Journal of Law and Technology is pleased to invite submissions for its 11th Volume due to be published in 2015  The Journal The Indian Journal of Law and Technology (IJLT) is a student-run open-access law journal published annually by the National Law School of India University, Bangalore, India (NLSIU). It is…


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Others

Global Congress on Intellectual Property and the Public Interest, 2015


SpicyIP is pleased to announce that the Centre for Internet and Society (CIS) will be hosting the fourth edition of the Global Congress on Intellectual Property and the Public Interest at New Delhi, India. The event will be tentatively scheduled in the first two weeks of December, 2015. The exact dates will be announced once the WIPO releases its annual calendar and list of events to avoid clashing of events. The Global Congress on Intellectual Property and the Public Interest…


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Copyright

Stalling scientific progress with chilly copyright censure


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[Apologies in advance for the long post. Though its been over a month since this development, I've seen it discussed very little anywhere else and thought it better to include as much as I could on it. If you too find this development troubling, please do share it on with your networks to help spread word of it]  Fact scenario:  Diego A. Gómez Hoyos is a 26 year old student, currently in Costa Rica studying for a master’s degree in…


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